Contact: Adrian Tisdale WHEN JUDGES FAIL Phone 678-206-3415 Adriantisdale@gmail 180 Pebble Brooke Court Covington, GA 30016 WHEN JUDGES FAIL Press Release WHEN JUDGES FAIL TO OBSERVE THE LAW” Where equal justice is in a system plagued with bias and prejudice, and favoritism is shown to attorneys and lenders who falsify documents, and break the law? Superior Court, Stone Mountain Judicial Circuit, DECATUR, GA, January 31, 2014: Judge Seeliger, presiding over an emergency Temporary Restraining Order (TRO) action # 14CV-1589-3 to prevent an illegal foreclosure, dismissed the Plaintiff as if she were insignificant. The Westmoore Group, LLC, a.k.a Jonathan Michael Block and his closing attorney Jeffery Ganek committed Mortgage Fraud at a closing that took place in DeKalb County. The Plaintiff holds proof that a second mortgage was illegally added to her first mortgage, funds were stolen at and outside of the loan closing. The Plaintiff has proof that the Lender, stole funds from her “Escrow Account”. Jeffery Ganek who has actual knowledge of the prior illegal behavior, warned Block, yet continued to assist in the lender’s illegal activity, and failed to show up at Court. Louis McBryan, attorney for The Westmoore Group, LLC told Judge Seeliger “Ganek” did not show up because he “feels”, he has nothing to do with this case. He was clearly named as a defendant and Service had been perfected upon him, through his law firm by a processor server approved by DeKalb County Court System. So, am I to understand, that if I’m being sued as a defendant in DeKalb County, I can just send anyone to Judge Seeliger courtroom to state, “She’s not coming to court, because she have nothing to do with this case”, without any consequences. Are there double standards in Georgia’s laws? One set of laws for lenders and their attorneys, who have violated the penal code, and one set for the citizens? Have our Courts become substandard to where the breakers of the law are favored by the Courts? Have we become second class citizens, with no Rights at all? The fundamental requisite of due process of law is the opportunity to be heard.’ Grannis v. Ordean, 234 U.S. 385, 394, 34 S.Ct. 779, 783, 58 L.Ed. 1363. Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S. Ct. 652, 657, 94 L. Ed. 865 (1950). “The constitution of this state guarantees to all persons due process of law and unfettered access to the courts of this state. [Cit.] These fundamental constitutional rights require that every party to a lawsuit ... be afforded the opportunity to be heard and to present his claim or defense, i.e., to have his day in court. [Cits.]” [Cit.] Morrow v. Vineville United Methodist Church, 227 Ga.App. 313, 316(1), 489 S.E.2d 310 (1997). See also Ga. Const. of 1983, Art. I, Sec. I, Pars. I, XII. Integral to these rights is the ability to present witnesses and other lawful evidence; thus, limitations imposed by a trial judge that “prevent [ ] a full and meaningful presentation of the merits of the case” mandate reversal. Newton Commonwealth Property v. G + H Montage GmbH, 261 Ga. 269, 270, 404 S.E.2d 551 (1991). Cousins v. Macedonia Baptist Church of Atlanta, 283 Ga. 570, 573-74, 662 S.E.2d 533, 536 (2008). Despite being prepared to offer testimony and documentary evidence in support of her position, she was not afforded that luxury, the Court refused to allow her to offer evidence, give argument, she was not allowed to be heard. The trial court violated Adrian Tisdale’s Rights to due process, and access to the Courts. See Newton, supra, 261 Ga. at 270, 404 S.E.2d 551 (reversing judgment where court imposed limits on length of presentation of parties cases and witness testimony). Id. The State is forbidden to deprive citizens of “life, liberty, or property” without due process of law. This means that the government has to follow rules and established procedures in everything it does. Judge Seeliger “‘jeopardized Ms. Tisdale’s the rights by] abandon[ing] the tried and proven court procedure of admitting only relevant evidence and producing witnesses who are subject to cross-examination.’ ” (Citation omitted.) Arnau v. Arnau, 207 Ga.App. 696, 696(1), 429 S.E.2d 116 (1993) (reversing due to courts ex parte communications with court-appointed expert). Id. On that day, January 31, 2014, Adrian Tisdale a citizen of this state, and of The United States of America walked into DeKalb County’s Superior Court, expecting a hearing to present her case to the court before presiding Judge Clarence Seeliger. Instead, without being afforded her Right to be heard, Judge Seeliger asked her: “Why are you in my courtroom? Why are you in my courtroom?” “I’m late for a death penalty case that is much more important and we are going to have to hurry this along”. While Ms. Tisdale was still speaking to the Court, and attempting to give the Court evidence, Judge Seeliger cut off her words, and stated “Your Case is Dismissed!” He stood up and walked out. The hearing was allotted no more than five (5) minutes. In essence, Judge Seeliger gave the lawbreakers a green light to illegally foreclose on the property. Too many times, homeowners lose their homes due to fraud committed by lenders. Homeowners lack the skills to recognize the fraud, and the system fails to protect their Rights, and observe due process of law. This writer has observed many Georgia cases, where the judicial system has failed. There appears to be a consistent pattern of judicial pandering from within the Judge’s Chambers in ex parte communications, regardless of the fact that “judges must scrupulously avoid ex parte communications.” Ivey v. Ivey, 264 Ga. 435, 438(3), 445 S.E.2d 258 (1994), and thereby further violating our Rights. Apparently, attorneys have now created partnerships with judges to not even hear the cases of second class citizens. There is no justice when a Judge dismisses a case as ““insignificant” without even hearing, seeing or reviewing one piece of evidence. It does not even give the appearance of justice. This case is an example of a behemoth attempt to silence homeowners, and take their homes withal of lender wrong doing. This particular lender has committed Mortgage Fraud, Broker Fraud, violated RESPA, TILA, HOEPA and GAFLA, in conjunction with the Fair Debt Collections Act, and Fair Credit Reporting Act, all while under the protection of the “judicial system”. For Release 11:45 AM 2/1/201
Posted on: Mon, 03 Feb 2014 00:32:45 +0000
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